Supreme Court-appointed SIT today termed as "instigating" the petition filed by Zakia Jafri, opposing the closure report filed by SIT giving clean chit to Gujarat Chief Minister Narendra Modi and alleged that it could again create communal disturbances in the state.
SIT made this submission before Metropolitan Magistrate B J Ganatra who was hearing the 'protest' petition filed by Jafri opposing the closure report filed by SIT giving clean chit to Modi and others for their role in the 2002 post-Godhra riots.
"If the protest petition is reproduced exactly as it has been filed in two volumes, I have apprehension that it may again create disturbances in the state...It is so biased and instigating," SIT lawyer R S Jamuar said opposing Zakia's plea.
"I would also advice media not to publicise the content of this petition," he observed.
He also argued that, "three fourth of this petition has concentrated on Godhra incidence of February 27, Karsevaks in Ayodhya prior to that, post mortem of dead bodies in Godhra, procession to bring those bodies to Ahmedabad and affidavits of retired IPS officer R B Sreekumar before Godhra Panel."
"...If these portions are taken out, then there is nothing in this petition but its a case of Gulbarg society massacre for which separate trial is going on," Jamuar said.
"This is not a protest petition of Zakia Jafri, a complainant, but its of Teesta Setalvad, who has only one point agenda and that is to make Modi an accused," he alleged.
Jafri, whose husband and former Congress MP Ehsan Jafri was killed during 2002 Gulbarg society riots, had filed on April 15 a petition before the Magistrate in protest against the SIT report giving clean chit to Modi and others and sought the filing of charge sheet against them.
In her petition, Jafri has also demanded rejection of SIT report by the court and directions of further investigation into her complaint by an independent agency other than SIT.
In February 2012, SIT had submitted its final report giving clean chit to Modi and others before this court.
During the submissions today, SIT also alleged that Jafri has "no respect" for judiciary.
"The petition was filed in April 2013, much after a trial court for the Godhra carnage has held that coaches of Sabarmati Express train were burnt by rioting mob and court has even awarded death penalty to 11 convicts but Zakia has in her petition mentioned that coaches were burnt from inside," Jamuar said.
"How can they include such things in their petition even after there is a judgement which is prevailing at per cent till higher court sets it aside," he argued.
SIT has also criticised the reliance put by Jafri on the report of Concerned Citizen's Tribunal, for 2002 riots, consisting of three retired Justices and headed by retired Supreme Court Justice V R Krishan Iyer.
"They term the report of Tribunal as findings of Justice Krishna Iyer. But Justice himself has said that he was in Ahmedabad only for a day. How can this be his findings? It is merely his expressions at the most," Jamuar said.
"And this report is shockingly silent on people who died because of the violence by minority community during 2002 riots. How can this be a fair report?" SIT lawyer alleged.
Metropolitan court adjourned the hearing today and it will continue from June 17, 2013.
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